Indira Gandhi Institute of Medical Sciences vs Dr. Sunil Kumar and Others

Heard Sri Lalit Kishore, learned AAG-3 on behalf of Indira Gandhi Institute of Medical Sciences, Patna. The writ petitioner''s case, in spite of having obtained a degree of M.D. in Community Medicine from the appellant Institute, could not be considered for appointment to a post in the same very Institute because the said degree in Community Medicine was found not recognized by the Medical Council of India. The writ court could not grant any relief to the writ petitioner in the matter of selection but has merely allowed cost of Rs. 50,0007-to be paid by the appellant-Institute for the wrong done by the Institute in permitting the writ petitioner to join a course which did not have recognition of the Medical Council of India.

We accept the explanation that the appellant was allowed to be taken by the Institute bona fide in anticipation of approval. In that view of the matter, it may not be necessary for the Institute to commence any enquiry and fix responsibility as to who initiated the course without recognition, invited applications for admission and recover the amount of cost from them. However, the Institute being a Government Institution must pay the meager cost of Rs. 50,000/-. to the writ petitioner although the loss suffered by the writ petitioner cannot be compensated in terms of money. With the aforesaid clarification, the appeal is dismissed.